Who Can Apply For Probate?

The executor/s specified in the legally valid last will of a deceased person is eligible to apply for Probate.

If there are multiple executors specified in a will, then all of the executors will need to be included in the Probate application.

However, if one or more of these executors have died, become incapacitated, or formally renounced their position as an executor, then they do not need to be a part of the Probate application.

Should an executor specified in a will not be a part of a Probate application, for the reasons mentioned above, then the court will require evidence to show why they are not a part of the application.

For example, a valid death certificate will be needed if one of the executors has died.

Sometimes there are no executors either available or willing to administer a deceased person’s estate.

If this happens, the law provides a list of other persons that can apply for Probate.

These are, in order of priority:

  • A trustee of the residuary estate;
  • A life tenant of any part of the residuary estate;
  • A remainderman of any part of the residuary estate;
  • Another residuary beneficiary;
  • A person otherwise entitled to all or part of the residuary estate, by full or partial intestacy;
  • A specific or pecuniary legatee;
  • A creditor or person who has acquired the entire beneficial interest under the will;
  • Anyone else the court may appoint.

If you are unsure about who can apply for Probate, contact us and ask to speak to one of our lawyers.